Community Cop is designed to offer updated, breaking news coverage on police and law enforcement issues while examining and monitoring the impact of the criminal justice system throughout the New York City/Metropolitan area.

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New York City settles for 7.15 million in the wrongful death shooting of Sean Bell who was shot and killed in a hail of 50 bullets by police officers in outside of Club Kalua in Queens on November 26, 2006 just hours before his wedding. The settlement approved by the federal magistrate judge in Brooklyn will pay 3.25 million to the Sean Bell estate, and $3 million to Jose Guzman who was also shot—11 times and $900,000 to Trent Benefield who was shot three times.

The three of the five detectives involved in the shooting Detectives Oliver, Isnora and Cooper were tried and acquitted of manslaughter and reckless endangerment charges in 2008, with federal prosecutors declining to open a civil-rights case against them—citing insufficient evidence. The two other officers, Detective Paul Headley and Officer Michael Carey, were not indicted.

“365 Days of Marching” – The Amadou Diallo Story, recounts the bitter and yet compelling part of New York City history—documenting the series of marches and protests that was set into motion after the death of Amadou Diallo. It’s a story that’s told through the eyes of the marchers (the protestors) exploring the history of New York City Police Department, police – community relations and how Diallo’s death galvanized a city to fight for justice—not only for Diallo, but for all injustices plaguing New Yorker’s during that time.

NYPD Officer Omar Edwards was gunned down by fellow officer Andrew Dunton Thursday evening in East Harlem on 125st. According to reports, Edwards, who was off duty at the time, was chasing a suspect who he seen rummaging through his car- with his gun drawn. He was spotted by plains clothes officers of the anti crime unit who followed him in an unmarked vehicle. Allegedly one of the officers yelled “police stop!” and when Edwards turned around Dunton fired 6 shots- killing him.

The medical examiner stated that Edwards was shot 6x in the back, arms & hip

It’s not clear whether or not Officer Edwards heard Officer Dunton’s command to stop or whether they identified themselves at all. It is also not clear if Edwards had the chance to respond to identify himself as a fellow officer; however, what is clear is that there was a break down in communication. One report describes that it wasn’t until Edwards handcuffed body lay on the ground and the officers searched him is when they discovered his badge and noticed he was wearing a police academy shirt.

Although this may appear to be an innocent case of “friendly fire” many New Yorkers are not convinced—calling for a full investigation into this shooting. Why? because Police Officer Edwards was black and Officer Dunton was white. “A white officer shooting a black man is nothing new in our community” stated one man who came out to a vigil held by Rev Al Sharpton of the National Action Network. Sharpton called for a federal investigation into this incident, stating that it’s not fair to ask “the police to police themselves”.

Is this a case of Friendly Fire or is this a case of racial profiling?

According to some New Yorkers questioned on the streets of Harlem many agreed, you cannot assume that every black man with a gun is a criminal. Police rules state that off-duty officers are supposed to identify themselves in any confrontation with other cops. They also state the challenging officers are supposed to use sound tactics and judgment. “It comes down to training,” said one Harlem resident. Many refer back to the case of Police Officer Desmond Robinson, who survived a “friendly” fire incident in 1994 at the hands of Officer Peter DelDebbio. Robinson who was also shot 4x in the back recalls being shot after he lie on the ground – posing no threat to anyone, with his gun out of his hand pointed towards the track. Del-Debbio was brought up on charges of 1st & 2nd Degree Assault and later found guilty of second degree assault. “His statement contradicts Del-Debbio’, however one wonders what story would have been told had Robinson died and been unable to tell his version of the story” – Black Shield, by Roger L. Abel. Robinson sued NYC for $50million. His case was eventually settled for $3million.

Dunton and two other officers are now placed on desk duty pending investigation.

Oscar Grant III, fatally shot by an unidentified BART(Oakland,CA) officer early New Year’s Day. Oscar Grant was unarmed, laying face down and shot in the back.

REPORT:
OAKLAND, Calif. – Law enforcement officials urged patience while they investigated details surrounding the fatal New Year’s Day shooting of a 22-year-old man by a transit agency police officer.Bay Area Rapid Transit Police Chief Gary Gee said on Sunday that the agency is “committed to completing an unbiased, thorough and detailed investigation” of the shooting death of Oscar Grant.“This case is not even four days cold. We’re in the early stages of the investigation and we will do a very thorough job,” he said.Several unanswered questions remained after BART officers went to Oakland’s Fruitvale station to investigate reports of a supposed brawl on a train on which Grant was riding around 2 a.m. Thursday.

A friend of Grant’s who was with him on the crowded Oakland train station platform at the time of the shooting said Grant pleaded with officers not to harm him. “Oscar yelled, ‘You shot me! I got a four-year-old daughter,'” said Fernando Anicete. “Oscar was telling us to calm down and we did. We weren’t looking for any trouble.”

Anicete was among more than 50 people attending a tearful news conference in Oakland on Sunday where Grant’s family announced they planned to file a $25 million claim against the Bay Area Rapid Transit agency this week. A claim is the first step in the process of suing the agency. The family’s attorney John Burris said the shooting was intentional, and that he planned to ask Alameda County prosecutors to seek criminal charges against the officer. Burris said Grant, of Hayward, Calif., posed no threat to officers when a bullet entered his back and ricocheted to his lung area, killing him almost instantly.“The officer leaned (in), was straddling over him and pointed his gun directly into the backside and shot (Grant),” said Burris, adding that Grant was handcuffed – after he was shot. “This was not a deadly force situation.”

Gee said BART police are fully cooperating with the district attorney’s investigation.

Grant’s mother, Wanda Johnson, and Sophina Mesa, his daughter’s mother, wept uncontrollably as Burris spoke about Grant. They did not speak, but several said Grant, a butcher at a supermarket near the train station where he was killed, was a loving father showing signs of maturation.Cephus “Bobby” Johnson, Grant’s uncle, said he text messaged his nephew just after midnight Thursday saying, “Happy New Year … I love you.”

Johnson never got a reply.

“I wondered why he didn’t text me back,” a teary-eyed Johnson said. “And then I found out why.”

BART spokesman Jim Allison has said the officer’s gun went off while police were trying to restrain Grant and that Grant was not cuffed. The unidentified officer is on paid leave as BART investigates the shooting.Mario Pangelina, Mesa’s brother who was riding on the same train, two cars behind Grant on Thursday morning, said Sunday he saw Grant beg police not to Taser him because of his child.“He kept saying, ‘Please, please don’t Tase me,'” Pangelina said. “He was not acting hostile.”Other witnesses said Grant was lying on his stomach on the station’s platform when he was shot.Recordings of the shooting by witnesses have surfaced and Burris said BART had confiscated numerous cell phone images from others he believes contain additional footage.

Last month Rev. Al Sharpton led citywide demonstrations against the acquittals of officers in the Sean Bell case. Hundreds of protestors clogged intersections bringing traffic to a halt. More than 200 people were arrested, including Rev Sharpton, Nicole Paultre Bell, the fiancée of slain groom Sean Bell, Joseph Guzman and Trent Benefield- both who were shot and wounded by the police in a hail of 50 bullets in the 2006 shooting. The charges included disorderly conduct for blocking traffic or refusing orders to disperse.

Although these cases are generally dismissed as is the practice with most civil disobedience cases, the Brooklyn and Manhattan prosecutors said charges will only be dismissed against 154 of the protesters after six months “if the defendants stay out of trouble”. One protestor who was arrested said that “this stipulation is a ploy to reduce the number of people who would possibly submit themselves to for arrest at the next major protest.”

61 cases, including those of Bell and Sharpton, are still pending in Manhattan and another nine pleaded guilty to disorderly conduct.

Bell, 23, died in a hail of 50 bullets on Nov. 25, 2006, by undercover police officers who were cleared of all charges.

Three-star NYPD Chief Douglas Zeigler, the highest ranking Black uniformed police officer & head of the Community Affairs Bureau since 2006, was approached by two white plainclothes New York City police officers with guns drawn as he sat near a fire hydrant in his NYPD-issued department issued SUV at 57th Ave. and Xenia St. in Corona about 7 p.m. on May 2, 2008.

Sources tell us that one of the plainclothes officers told him to roll down his heavily tinted windows and then ordered him to get out of the SUV.After Zeigler identified himself one of the officers did not believe the NYPD identification Zeigler gave him and got into a heated argument with him!

In his briefing to Police Commissioner Raymond Kelly, Zeigler said the two cops, who are white, had no legitimate reason to approach his SUV.

The two police officers however, dispute the story.They said one of the officers spotted Zeigler’s service weapon through the rolled-down window, and yelled “Gun!” and that’s when they both raised their weapons and ordered the driver out of the car. Zeigler stated in his discussions with Kelly, that the officers never yelled “Gun!” The officers also stated that Zeigler did not identified himself as an armed member of the NYPD but instead shouted, “Don’t you know who I am?” One of the officers also stated that Zeigler pushed him away when he reached over to check the identification badge around his neck. Only then did Zeigler tell the two officers his name and rank. That cop was stripped of his gun and badge and placed on modified assignment.

“He dealt with the chief in a discourteous manner, which is unacceptable,” stated police spokesman Paul Browne.The status of the second officer was unclear.

“This is a stop and frisk issue,” Marq Claxton, ofthe 100 Blacks in Law Enforcement Who Care, & co-host of Community Cop, said May 11 on a radio talk show.“He (Ziegler) was just seconds away from becoming the next Sean Bell”.

The incident occurred as the NYPD is under fire for record numbers of pedestrians being stopped and frisked, the majority of them black or Hispanic. Some 145,098 people were stopped by the NYPD in the first quarter of this year.

“Our people must learn to connect the dots, it does not matter what your social status is, it happens because we are Black,” said Claxton.

The three detectives in the Sean Bell killing were found “Not Guilty” on all accounts. According to Justice Arthur Cooperman, the prosecutors did not present enough evidence to convict the three offices. He stated that the witnesses testimony was inconsistent, and their demeanor and rap sheets (Sean Bell’s friends) had the effect of “eviscerating” their credibility.

Although the judge was supposed to render his verdict at 9:30am, approximately 10 minutes prior, an angry, tearful Trent Benefield emerged from the Queens courthouse saying “It’s real, Not Guilty” The crowd was stunned. The mixed reactions ranged from anger, tears, and people shouting at the police, “MURDERS! and PBA KKK!”

The overall question many asked was “how could this happen?” Approximately 40 minutes later Rev Al Sharpton, the attorneys, Guzmon and the Bell family, emerged from the courthouse. They chose not stop to speak to the press and proceeded to go to the parking lot. Within minutes the press (and the crowd) ascended on them and at one point began pushing. The family eventually made it safely to the parking lot and proceeded to the cementary where Sean Bell was buried.

Rev Al Sharpton is said to map out his next strategy tomorrow at the National Action Network located on 145st & Lenox Avenue 9am. If you’re unable to attend you can tune in live to his weekly Radio show on 1190am at 10am

The case also has divided the district attorney’s office, with prosecutors at the highest levels at odds over whether the cops should have been charged so harshly, sources said.

“There’s people in the office who think, because they’re cops, they can do no wrong,” a law enforcement source said.

The second-highest ranking prosecutor in the office, John Ryan, stormed out of a meeting after a disagreement over what charges to bring, sources said. Ryan did not return a call for comment.

Queens District Attorney Richard Brown declined to comment, saying through a spokesman, “We will try this case in the courtroom and not on the courthouse steps.”

Critics have derided the prosecutors’ decision to include many witnesses who seem to discredit their case, including undercover Detective Hispolito Sanchez, who said he heard Joseph Guzman mention a gun.

That would seem to undercut prosecutors’ argument that police had no justification to shoot at Bell, 23, and his friends Guzman and Benefield.

Sources also said the family was angry that a crime scene detective volunteered information that two bags of an “unknown leafy green substance” – implied to be marijuana – were found on the scene.

“What does that have to do with the shooting?” said a source familiar with the Bell family’s concerns.